Misdiagnosis of Autism Compensation
The misdiagnosis of autism is sadly very common due to similar behavioural traits being present in other childhood conditions and, in order to successfully claim misdiagnosis of autism compensation, it has to be proven that the medical practitioner responsible for the misdiagnosis displayed a lack of professional skill and that a competent medical practitioner would have correctly identified the autistic condition.
This scenario would apply whether your child was misdiagnosed with autism when in fact he or she suffered from another condition, or if your child was diagnosed with a condition other than autism – most frequently epilepsy – when indeed they were autistic. The difference in medicines prescribed to treat autism and other conditions can have a life-long effect on the child and, for this reason alone, when you discover that a misdiagnosis of autism has been made it is in your best interests to speak with a medical negligence solicitor at the earliest possible opportunity.
Establishing Negligence in a Misdiagnosis of Autism Compensation Claim
Autism is classified as a developmental neurobiological difference in brain function and is commonly associated with a birth injury. Autism is incurable but can be managed successfully by a combination of medicines and therapy. If your child has not been diagnosed with autism by the age of three, it is probable that they have another condition, or have been misdiagnosed with another condition.
The most frequent way that autism is correctly diagnosed is by prolonged observation of the child´s behaviour by specially trained professionals and, as mentioned above, this is not always conclusive. Some medical experts believe that a brain scan can potentially identify autism and, if your medical practitioner has concluded a misdiagnosis of autism without referring you to a specialist or arranging for a brain scan then he is guilty of failing in his duty of care towards you and your child and it will be possible to make a compensation claim for a misdiagnosis of autism.
Making a Compensation Claim for a Misdiagnosis of Autism
If you discover that your child has been misdiagnosed with autism, or is suffering from autism and was misdiagnosed with a different condition, a medical negligence solicitor will take counsel from medical experts to ascertain that the correct diagnosis could have been made “in the circumstances and at the time” and that “on the balance of probabilities” the misdiagnosis of autism was avoidable.
If it can be proven that an avoidable misdiagnosis of autism was made, the solicitor will send a letter of claim to the medical practitioner responsible for the misdiagnosis, advising them that you are claiming compensation for a misdiagnosis of compensation and how much misdiagnosis of autism compensation he or she feels you are entitled to receive.
The medical practitioner will usually forward the letter to his or her medical insurance company advising them whether he agrees with the claim for misdiagnosis of autism compensation or contests it. If a sufficiently strong claim for misdiagnosis of autism compensation is constructed, admission of liability is usually forthcoming and the necessity to pursue your misdiagnosis of autism compensation claim through the courts is avoided.
How Much Compensation for a Misdiagnosis of Autism?
It is very difficult to estimate how much compensation for a misdiagnosis of autism your child may be entitled to receive. Factors such as the severity of the condition, for how long your child was misdiagnosed with autism and what treatment will now be required to manage the correct condition will all be included in your claim for misdiagnosis of autism compensation.
The personal expenses that you have incurred due to the misdiagnosis of autism will also be integrated into the compensation claim for a misdiagnosis of autism along with a factor for the emotional trauma you will have experienced. Settlements of compensation for a misdiagnosis of autism are usually paid into court and released to your child or their legal guardians when your child reaches the age of eighteen. If funds are required for medical or educational purposes in the meantime, they can be released from funds held by the court on request.
Further Information on Misdiagnosis of Autism Compensation Claims
No two claims for a misdiagnosis of autism are identical and it is recommended that you have a full assessment by a medical negligence solicitor before making a claim for a misdiagnosis of autism compensation.
If you would like to have a preliminary telephone assessment, you are invited to call our helpline on and discuss your entitlement to make a misdiagnosis of autism compensation claim with an experienced medical negligence solicitor in complete confidentiality and with no obligation to pursue a misdiagnosis of autism compensation claim.
Our lines are open between 8.00am and 10.00pm seven days a week, but it may of help to you to forward plan a callback from a solicitor to a time which is more convenient to you. Therefore, you are welcome to use the “Callback Request” forms at the side of the page to request a call from one of our team who will get in touch with you at a time which is most suitable.